Legal news and commentary from the offices of Simon Dippenaar
Different factors are considered when deciding on the amount of bail. Seriousness of the offence is an important factor together with what the interests of justice permit. Factors such as the likelihood of additional offences being committed once out on bail, the flight risk, opportunity to intimidate witnesses and jeopardising the trial will all be […]
Yes! You have the right to legal representation, and the police should inform you of this. Ensure that your attorney has as much information as possible (personal details, reasons for arrest, reason for being detained, case number etc.)
If you have been arrested for a minor offence and you have been detained in custody, the arresting officer may give you the chance to sign an admission of guilt and pay a fine. This takes the place of a court appearance. It is not the same as bail, which is a sum of money […]
No. The police can only arrest you for an unpaid fine if a valid warrant of arrest has been issued. The arresting officer must advise you of the reason for your arrest and you should demand to see a copy of this warrant at the time. If a copy of the warrant isn’t available, then […]
If you’re stopped at a roadblock under suspicion of DUI, you will be breathalysed. In a traditional roadblock, if you’re over the legal limit you will be taken into custody and sent for a blood alcohol test. If the roadblock is a mobile alcohol evidentiary unit, your blood will be tested immediately. If you are […]
Yes, if 10 years have elapsed from the date of the conviction. This is called “expungement”. After 10 years have elapsed, we can apply for a clearance certificate issued by the Criminal Record Centre of the SAPS. We complete application forms II and III and deliver them, together with various attachments, to the Director-General for […]
The landlord is ordinarily responsible for the payment of rates. Municipal utility bills, i.e. water, sanitation, and electricity/gas, are usually paid by the tenant. This saves the landlord the hassle of paying the invoices and allocating payments from the bill to the tenant. However, if the tenant does not pay the municipality on time, and […]
The lessee (tenant), their household and their visitors have certain rights under law. These rights include the right to not have their possessions seized. However, the landlord (lessor) has a tacit hypothec over the movable assets on the leased premises. Tacit hypothec can be exercised in instances where, for example, rent has not been paid. […]
SD Law has a flat fee package for evictions, which covers: Taking instructions by phone (15 minutes) Assessing the lease, and any notices (30 minutes) Advising on landlord rights and the overall eviction process (15 minutes) Responding to the occupiers by email and letter (30 minutes) Calling the occupiers to try negotiate settlement (30 minutes) […]
The Consumer Protection Act (CPA) allows a residential landlord to cancel a lease agreement 20 business days after giving written notice to the tenant of the tenant’s failure to comply with the agreement, unless the tenant has rectified the breach in the interim. This means that a landlord can only ask the tenant to vacate […]
This applies when a property is sold with a sitting tenant. The tenant is protected against the rights of third parties that are given later than the tenant’s rights. This is referred to as the ‘huur gaat voor koop’ maxim in South African law. The purchaser takes over the lease agreement by stepping into the […]
